MOR 215 - Funeral Law I

1. Examine the American system of jurisprudence;
   1. Explain common law as a historical foundation of United States law.
   2. List the various sources of law in the American legal system; state and federal.
   3. Define judicial review and jurisdiction of the court systems.
   4. Differentiate between trial courts and appellate court procedures.
   5. Describe the role of small claims courts and its limited access
   6. Discuss Alternative and Online Dispute Resolution such as negotiation, mediation, and arbitration.
2. Distinguish between torts and crimes;
   1. Identify differences between civil law and criminal law.
   2. List and describe intentional torts against persons.
   3. List and explain the elements necessary to prove negligence.
   4. Describe and apply the doctrine of strict liability.
   5. List and describe the essential elements of a crime.
   6. Summarize criminal procedure, including arrest, indictment, arraignment, trial.
   7. Identify major white-color crimes such as embezzlement, bribery, and criminal fraud.
   8. Define trademarks (service marks), copyrights, and patents.
   9. List the items that can be copyrighted and demonstrate an understanding of the Fair Use Exception.
3. Analyze the requirements of a valid contract and identify litigation issues relating to contracts;
   1. List the elements necessary to form a valid contract.
   2. Describe special forms of offers, including Internet actions.
   3. Identify contracts that lack consideration such as those involving illegal consideration, an illusory promise, a pre-existing duty, or past consideration.
   4. Define and describe the infancy doctrine.
   5. Contrast legal insanity and intoxication and how they affect capacity.
   6. Describe covenants-not-to-compete and exculpatory clauses and their legality.
   7. Contrast genuineness of assent, mistake, fraud, duress, and undue influence.
   8. List the contracts that must be in writing under the Statute of Frauds, formality of writing contracts, and the parole evidence rule.
   9. Compare assignments, delegations, and third party rights.
   10. Distinguish between conditions and impossibility or impracticability of contracts.
   11. Explain performance and remedies for each side of a contract.
4. Evaluate the Uniform Commercial Code regarding the sale/lease of goods;
   1. Categorize the performance and remedies of sellers and buyers with regard to sales and lease contracts.
   2. Contrast the controlling bodies of contract law: Article 2 of the UCC and common law of contracts.
   3. Interpret when title to goods and the risk of loss pass from seller to buyer.
   4. Categorize the performance and remedies of sellers and buyers with regard to sales and lease contracts.
5. Describe the requirements for negotiable instruments;
   1. Explain how negotiable instruments are transferred.
   2. Define key terms regarding negotiable instruments.
   3. List the requirements of negotiability.
   4. Explain the requirements of issuance and delivery of a negotiable instrument.
6. Contrast agency and employment relationships;
   1. Define the nature of an agency relationship, as well as the creation and termination of an agency.
   2. List the duties and responsibilities of agents and principals.
   3. Distinguish between an agent, independent contractor, and employee.
   4. Discuss the employee-at-will doctrine and the exceptions based on public policy and anti-discrimination statutes.
   5. Describe the protections provided employees under Title VII of the federal Civil Rights Act of 1964.